Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4554)

POLYSEAL WATERPROOFING TECHNOLOGIES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 28 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of a collective agreement with Polyseal Waterproofing Technologies Pty Limited. The agreement, which was to cover the period 2024-2027, sought to establish terms and conditions of employment for workers in the waterproofing industry. The dispute centred on various provisions within the agreement that the Union and the employer had negotiated, including wage rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly concerning the process by which the agreement was formed and the fairness of its terms. The Union argued that the agreement was the product of good faith bargaining and met all legal requirements, while Polyseal contended that certain provisions were not in line with the statutory obligations and did not fairly represent the interests of the employees.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement was indeed the product of genuine bargaining and adhered to the necessary legal standards. The Commission was satisfied that the process followed was appropriate and that the terms of the agreement were fair and reasonable. Consequently, the Commission approved the collective agreement as sought by the Union.

As a result of the Commission's approval, the Polyseal Waterproofing Technologies Pty Limited / CFMEU Collective Agreement 2024-2027 was officially recognised and enforceable under the Fair Work Act. This decision provided clarity and legal certainty for both the Union and the employer regarding the terms of employment for the specified period.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established